How to File Chapter 13 Bankruptcy With No Money? Real Options for Low-Income Filers
You can file Chapter 13 bankruptcy with little to no money upfront by requesting an installment payment plan for the filing fee, rolling attorney fees into your repayment plan, or securing a pro bono attorney through your local Legal Services Corporation. None of these paths are widely advertised — but they are real, court-approved options used by filers across the country every day.
Before reading further, review our guide on How Chapter 13 Bankruptcy Works so you understand what you are getting into financially before filing.
Quick Facts
| Field | Detail |
| Court Filing Fee | $313 (can be paid in installments) |
| Fee Waiver Available? | No — unlike Chapter 7, Chapter 13 has no full fee waiver |
| Attorney Fees (typical) | $2,500–$5,000, mostly rollable into your repayment plan |
| Free Help Available? | Yes — Legal Aid, pro bono attorneys, law school clinics |
| Credit Counseling Cost | ~$50 (fee waivers available for low-income filers) |
| Governing Law | 11 U.S.C. §§ 1301–1330 |
| Last Updated | May 12, 2026 |
The $313 Filing Fee: How to Pay It When You Have Nothing
Every Chapter 13 case starts with a $313 court filing fee. If you cannot pay it upfront, federal bankruptcy rules allow you to split it into installments.
You can request to pay the filing fee in up to four installments over 120 days if you cannot afford it all at once. You file Form 103A — “Application for Individuals to Pay the Filing Fee in Installments” — at the same time you file your petition. The court decides whether to approve it.
One thing to know: a full fee waiver is not available for Chapter 13 — unlike Chapter 7, where low-income filers can apply for a complete waiver if their income is within 150% of the federal poverty guidelines. In Chapter 13, you can delay payment but not eliminate it.
Attorney Fees: Roll Most of Them Into Your Plan
This is the biggest financial relief most people don’t know about. Many bankruptcy attorneys allow you to roll their legal fees directly into your Chapter 13 repayment plan, which drastically reduces the amount of cash you need upfront to hire a lawyer and file your case.
Almost all Chapter 13 filers — 97% in one nationwide survey — hire an attorney. Attorney fees typically range from $2,500 to $5,000, but 63% of filers paid $3,000 or less. The difference between Chapter 7 and Chapter 13 is that in Chapter 13, you do not pay all of that upfront.
Here is how it works in practice: you pay a small down payment to start — sometimes as little as $300 — and the rest of the attorney fee is paid through your monthly plan payment to the trustee, typically at $60–$100 per month until the balance is paid.
The bankruptcy court reviews and must approve your attorney’s fees, so you are protected from being overcharged. Many courts have “no-look” fee guidelines — a flat amount they automatically consider reasonable — so filers can check their court’s website to see the standard fee in their district before hiring anyone.
Related article: How Often Can You File Chapter 13 Bankruptcy, Waiting Periods, Discharge Rules, and What Happens If You File Too Soon
Free and Low-Cost Legal Help for Chapter 13 Filers
If even a small down payment is out of reach, free legal options exist.
Legal Aid Societies operate in every state and provide free bankruptcy representation to qualifying low-income individuals. Income limits vary by location. Find your local office at lawhelp.org.
Pro Bono Bankruptcy Attorneys — many state and local bar associations run pro bono programs specifically for bankruptcy cases. You can find pro bono help through your local Legal Services Corporation office. The LSC directory is at lsc.gov.
Law School Clinics — many accredited law schools run free legal clinics where supervised law students handle bankruptcy filings at no cost. Contact the nearest law school’s clinical programs office.
Nonprofit Credit Counseling Agencies — the required pre-filing credit counseling course costs around $50, but agencies approved by the U.S. Department of Justice offer fee waivers for clients who meet specific income guidelines.
Can You File Chapter 13 Without a Lawyer?
Technically yes — it is called filing “pro se.” In practice, it almost never works.
Chapter 13 is one of the most procedurally complex filings in the federal court system. You must draft a legally compliant repayment plan, attend a confirmation hearing, respond to creditor objections, and make plan payments for up to five years. Most low-income individuals who don’t own homes or expensive assets are generally better served by Chapter 7, and can file for free using nonprofit tools like Upsolve — a free online filing tool available at upsolve.org.
If your situation genuinely requires Chapter 13 — you own a home, you are behind on your mortgage, or you do not qualify for Chapter 7 — get a lawyer. The rollable fee structure makes this accessible even when cash is tight.
What “No Money Down” Chapter 13 Actually Means
Some bankruptcy law firms advertise “no money down” Chapter 13 filings. This typically means the firm rolls all upfront costs — including the $313 filing fee, credit counseling fees, and part of their attorney fee — into the Chapter 13 plan payments, so you pay nothing before the case is filed.
To qualify for this arrangement, you generally need a payroll deduction set up so plan payments come automatically from your paycheck. You also cannot have had a Chapter 13 case dismissed in the past year. Ask any bankruptcy attorney directly whether they offer this structure before signing anything.
If you are also dealing with other debts alongside bankruptcy — such as a car accident judgment — read our related guide on being sued with no assets to understand how those intersect.
Important: Chapter 13 Still Requires Regular Income
There is one thing no amount of fee creativity can get around. If you do not have enough income to afford to pay into a Chapter 13 repayment plan, you will not qualify — the court requires you to demonstrate disposable income to make monthly payments over three to five years.
“No money” at the time of filing is solvable. Having no income at all is not. If you have zero or very low income, Chapter 7 — which wipes out eligible debts in three to six months with no repayment plan — is almost certainly the better path.
Frequently Asked Questions
Is there a fee waiver for Chapter 13 like there is for Chapter 7?
No. Chapter 7 filers with income below 150% of the federal poverty level can apply for a complete waiver of the $338 filing fee. Chapter 13 does not offer a full fee waiver — you can request installments over up to 120 days, but the $313 must eventually be paid.
How much do I need upfront to start a Chapter 13 case?
With attorney fee rollover, your out-of-pocket before filing can be as low as $300–$500 in some districts — covering the first installment of the filing fee and a small attorney retainer. Some firms advertise full no-money-down arrangements where all costs roll into the plan.
Can I get a bankruptcy attorney for free?
Yes, if you qualify. Legal aid societies, pro bono programs through state bar associations, and law school clinics all provide free Chapter 13 representation to qualifying low-income individuals.
What law governs bankruptcy filing fees?
Filing fees are set under 28 U.S.C. § 1930. The installment payment option is governed by Federal Rule of Bankruptcy Procedure 1006(b).
What if I cannot keep up with plan payments after filing?
You can ask the court to modify your plan, convert to Chapter 7 if you now qualify, or voluntarily dismiss the case. Missing payments without taking action will result in case dismissal and loss of the automatic stay protection.
Sources & References
- U.S. Courts — Filing Fees and Forms
- Legal Services Corporation — Find Legal Help
- Cornell Law LII — 28 U.S.C. § 1930 (Bankruptcy Filing Fees)
- U.S. DOJ — Approved Credit Counseling Agencies
Prepared by the AllAboutLawyer.com Editorial Team and reviewed for factual accuracy against official legal sources. Last Updated: May 12, 2026
Disclaimer: This article is for general informational and educational purposes only and does not constitute legal advice. Laws vary by state and jurisdiction. For advice about your specific situation, consult a qualified attorney.